Allowed

Sri M Dakshina Murthy v. the Principal Secretary to

Karnataka HC16 Sept 2021WP/16757/2021

Case brief

AI extract

What is this about?

Petitioner filed writ petition seeking to quash restriction on transfer of ration authorization on compassionate ground. Court allowed petition, quashed impugned endorsement, and directed respondent to consider transfer without age restriction.

What did the court decide?

Impugned endorsement dated 30.08.2021 quashed. Respondent third respondent directed to consider petitioner's application for transfer without age restriction within two months.

Sri M Dakshina Murthy Vs the Principal… — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.16757 OF 2021 (GM-PDS)

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BETWEEN:

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SRI. M DAKSHINA MURTHY, S/O LATE N MUNISWAMY, AGED ABOUT 48 YEARS, RESIDING AT NO.1404, MUNIYAMMA COMPOUND, 4^TH CROSS, ROBERTSONPET, K G F KOLAR DISTRICT - 563 122.

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…PETITIONER

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(BY SRI. M K BHASKARAIAH, ADVOCATE)

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AND:

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THE PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA DEPARTMENT OF FOOD AND CIVIL SUPPLIES, DR B R AMBEDKAR VEEDHI, VIKASA SOUDHA, BENGALURU - 560 001.

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THE DEPUTY COMMISSIONER (FOOD), KOLAR DISTRICT, KOLAR - 563 124.

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THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, KOLAR DISTRICT, KOLAR - 563 124.

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THE ASSISTANT DIRECTOR OF FOOD AND CIVIL SUPPLIES, ROBERTSON PET, K G F, KOLAR DISTRICT - 563 122.

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…RESPONDENTS

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(BY SRI. SRIDHAR HEGDE, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-G DATED 30.08.2021 ISSUED BY THE R3 THE DEPUTY DIRECTOR, FOOD AND CIVIL SUPPLIES, KOLAR DISTRICT, KOLAR AND DIRECT THE R1 TO 3 TO ALLOT THE DISTRIBUTION OF RATION BY THE PETITIONER TO THE CARD HOLDERS OF SHOP NO.116 OF KGF, KOLAR DISTRICT, PENDING DISPOSAL OF THE ABOVE CASE.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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The subject matter of this Writ Petition is substantially similar to the one in W.P.No.17131/2018 disposed off by a Co-ordinate Bench of this Court on 8.2.2019, copy whereof is at Annexure-F; at para Nos.9 & 10 of the order, said judgment reads as under:

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“From close scrutiny of the aforesaid paragraph, it is evident that in W.P.No.22448/2015 which was decided by an order dated 21.09.2016, it has been held that the requirement with regard to having passed SSLC and restriction of age is not applicable when the transfer of authorization is

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sought on compassionate ground. The aforesaid finding has admittedly attained finality and is binding on the respondents as they have not challenged the same either by filing a review petition or by filing a writ appeal. Therefore this Court finds no reason to take a different view.

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10. In the result, the impugned endorsement dated 23.03.2018 is hereby quashed and set aside and a direction is issued to respondent No.1 to take note of the application filed by the petitioner and to consider the same for transfer of the authorization on compassionate ground as expeditiously as possible, but not later than eight weeks from the date on which a copy of this order is furnished.”

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The Division Bench of this Court in W.A.Nos.932-

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933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should treat like-cases alike and if relief is granted to a litigant, similar relief cannot be denied to other similarly circumstanced litigant as well, there being no derogatory circumstances.

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In the above circumstances, this Writ Petition is allowed; impugned endorsement dated 30.8.2021 at Annexure-G is quashed; third respondent is directed to consider the

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petitioner’s application without reference to age restriction of

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the deceased.

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Time for compliance is two months.

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No costs.

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Sd/-

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